Allen C. Kim

As an experienced trial lawyer, Allen has successfully completed numerous jury and bench trials, as well as numerous lengthy commercial and international arbitration hearings. Representative international arbitration and litigation matters which he has recently handled include, among others:

• Prevailed in an ICC arbitration in which we acted for a Canadian mining company, a Vietnamese joint venture and a BVI fund manager, all of whom were Respondents, against claimant, one of the largest lighting companies in the world, in a complex dispute in which claimant sought to recover from Respondents approximately US$300 million in alleged damages. After hearing in Toronto, a distinguished Tribunal, consisting of eminent British, Australian and American jurists, ruled in favor of Respondents on all of their defenses against the claims.
• Successfully represented one of Korea’s largest commercial banks in three suits against the bank asserting securities, RICO, and common law fraud claims and seeking US$1.2 billion damages arising from banking transactions allegedly misrepresented to participants in stock-for-stock mergers, obtaining dismissal in the district court and affirmance by the Second Circuit. The lawsuits arose out of the failure of Lernout & Hauspie, the then largest bankruptcy in Europe, and alleged accounting fraud in Lernout & Hauspie Korea Co., Ltd. Our successful representation in these cases required the coordination of multi-jurisdictional litigation efforts and teams of lawyers and expert witnesses in Belgium, Korea and the United States.
• Obtained a favorable arbitration award against one of the largest medical device companies in the world, in a dispute arising out of a “staged acquisition” agreement where the claims and counter claims asserted included complex fraud and antitrust issues, as well as contract-based ones. After a lengthy hearing, the firm client, an Asia-based technology start-up company, was awarded over US$64 million on its claims, granted forgiveness of over US$18 million in loans, and exonerated on all of the counter-claims asserted. Most significantly, the Final Award returned to the client control and ownership of all of its intellectual property, which it had licensed to the U.S. medical device company.
• Counsel for a Korean company in which its cab car and trailers were involved in an incident that resulted in a derailment, and defending several dozens of individual lawsuits arising from such incident.
• Counsel for a Korean client in an international arbitration conducted under the aegis of the International Chamber of Commerce involving contract and business tort claims in the solar energy industry in excess of US$150 million. 
• Representing a leading Korean medical device company against a U.S. competitor in which the U.S. company brought a trade secret misappropriation claim in federal district court in the State of Washington. The court granted the Korean company’s motion to compel arbitration and referred the case to the ICDR of the AAA. After a two week evidentiary hearing in Seattle Washington in which the U.S. company sought a nine-figure damages, the client reached a favorable settlement.
• Counsel for a leading Korean pharmaceutical company in an ICC arbitration against three U.S. companies arising out of a license and development agreement. 
• Prevailed in an ICC arbitration in which we acted for a Korean multinational company. After a week-long evidentiary hearing held in New York, a distinguished tribunal consisting of two British and a Canadian jurists found in favor of the Korean company in a dispute arising out of the long-term metal supply agreement. The Korean company also was awarded substantially all of its lawyers’ fees and costs.
• Represented a U.S.-based multinational company in an international arbitration against a Korean majority shareholder arising out of a stock purchase agreement in which the amount in dispute was approximately US$50 million. The case was settled favorably shortly before the evidentiary hearing.
• Representing multinational companies in several trade secret matters in which, under Allen’s overall strategic supervision and management, the Sidley teams successfully settled and resolved parallel civil proceedings and criminal investigations.
• Representing Korean multinational companies in antitrust matters pending in the United States and the European Union.
• Prevailed in an ICC arbitration in which we acted for a Canadian mining company, a Vietnamese joint venture and a BVI fund manager, all of whom were Respondents, against claimant, one of the largest lighting companies in the world, in a complex dispute in which claimant sought to recover from Respondents approximately US$300 million in alleged damages. After hearing in Toronto, a distinguished Tribunal, consisting of eminent British, Australian and American jurists, ruled in favor of Respondents on all of their defenses against the claims.
• Secured a favorable defense award on behalf of an affiliate of a large Korean conglomerate, in an ICC arbitration held in Paris, France against a Saudi company. The Saudi company had sought over US$40 million in damages claiming bad faith breach of an exclusive agency agreement.
• Successfully represented a client against a major agricultural equipment manufacturer based in Japan in a trademark and trade dress infringement action brought in U.S. district court. The Japanese company/plaintiff sought over US$35 million in damages and permanent injunction. Before the jury could render its verdict, the Japanese plaintiff offered to settle and the client favorably settled, paying no money in settlement.
• Served as an arbitrator in an AAA/ICDR arbitration in which Claimant, a U.S. company sought to recover approximately US$100 million in alleged damages against Respondent, one of the largest Korean pharmaceutical companies, for alleged breaches of a licensing agreement. In addition to Allen, the other two arbitrators on the case were a distinguished former judge of the U.S. Federal Court of Appeal and an eminent international arbitrator.